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2022 Supreme(P&H) 105

ANOOP CHITKARA
Ashu – Appellant
Versus
Union Territory, Chandigarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Mr. Vivek Kathuria, Advocate
For the Respondent: Mr. Yashwant Singh Rathore, APP

JUDGMENT :

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

259

28.09.2021

Sector 39, Chandigarh

147, 148, 149, 324 & 506 IPC (Section 147 IPC deleted and Sections 326/307 IPC added in final Report u/s 173(2) Cr.P.C.)

1. A boy aged just 19 years, incarcerating upon his arrest in the FIR captioned above, has come up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2. Although as per paragraph 14 of the petition, petitioner was never involved in any criminal case; however, as per the response of the State, the petitioner has an FIR under Arms Act pending against him.

3. Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

4. Ld. State counsel opposes the bail also because the petitioner has criminal antecedents, and bail encourages habitual offenders.

REASONING:

5. In Paramjeet Singh v. State of Punjab, CRM-M 50243 of 2021, this court observed, While considering each bail petition of the accused with a criminal history, it th

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